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Maya Singh   14 February 2020

Settlement in 498 A

Dear Sir,
My daughter in law had filed criminal case u/s 498A, 406, 34 of IPC.
I want to end the case immediately.
Please your learned if can guide me for settlement procedure at Magistrate Court, I shall be highly obliged.


 5 Replies

Sourav Das (Advocate Supreme Court of India)     14 February 2020

If FIR has been registered and charge sheet has been filed, then you have to move before high court under sec 482 of crpc for quashing of FIR and all the criminal proceedings against you.

SHIRISH PAWAR, 7738990900 (Advocate)     14 February 2020

Dear querist,

Your daughter in law should be ready to settle the case if she is not ready then you have contest the case.

Regards,

 

Neeraj Prasad (a)     15 February 2020

You can settle this case if your daughter in law is ready for settle

Advocate Abhishek Sinha (Advocate)     16 February 2020

Your intent of ending the case immediately actually depends on your Daughter-in-Law. As all the aforesaid Sections mentioned by you comes under the purview of a criminal act and unless and untill the complainant is proved wrong by the Hon'ble Court, the case cannot be settled in your favour.

Hence, it will all depend upon how the facts, circumstances and the case is represented in the MM Court on your behalf. How actually the case agasint you proceeds, will all depend upon the details of the complaint and the truth and the evidences behind it.

If the complainant (your daughter-in-law) is unable to prove the accusations & charges, you can very easily get a relief from the Hon'ble Court.

Even the Hon'ble Court, NOW, has a liberal approach towards these kinds of complaints as these are allegedly being used to misuse the law.

In my opinion, for a fast & concrete relief & resolution towards this issue, a detailed analysis of your side of the story and the details of the complaint, filed by your daughter-in-law is required. Do ensure to hire a good and competent Advocate to present a strong side of yours.

Best of Luck.

Thanks & Regards

Adv.Abhishek Sinha

Mumbai

7045949997

Maya Singh   31 January 2021

My daughter in law is ready for settlement. My son is in abroad so without him being present can the FIR Quashing application be undertaken with rest of the accused family members or my son will compulsorily have to be present physically?

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